1. As soon as possible after a petition is filed alleging that a child is in need of protection pursuant to NRS 432B.490 but no later than the date on which the disposition hearing is held pursuant to subsection 5 of NRS 432B.530, the court shall appoint an educational decision maker for the child.

2. There is a rebuttable presumption that it is in the best interests of the child for the court to appoint a parent or guardian of the child as the educational decision maker for the child. The court may appoint a person other than a parent or guardian as an educational decision maker for a child if, upon a motion from any party, the court finds that:

(a) The parent or guardian of the child is unwilling or unable to act as the educational decision maker for the child; or

(b) It is not in the best interests of the child for the parent or legal guardian to act as the educational decision maker for the child.

3. If the court makes a finding described in subsection 2, the court must appoint an educational decision maker for the child who has the knowledge and skills to act in the best interests of the child in all matters relating to the education of the child. Such a person may include, without limitation:

(a) A relative of the child within the fifth degree of consanguinity;

(b) The foster parent or other provider of substitute care for the child;

(c) A fictive kin of the child, as that term is defined in subsection 10 of NRS 432B.390;

(d) The guardian ad litem appointed for the child pursuant to NRS 432B.500; or

(e) Another person whom the court determines is qualified to perform the duties of an educational decision maker prescribed by this section.

4. If possible, a person appointed as an educational decision maker for a child pursuant to subsection 3 must be the permanent caregiver recommended for the child in the plan for permanent placement adopted pursuant to NRS 432B.553.

5. The fact that a person other than the parent or guardian of a child is appointed as an educational decision maker pursuant to this section must not be used in any proceeding as evidence that the person is an unfit parent or unfit to be the guardian of the child.

6. An educational decision maker appointed pursuant to this section shall not be deemed to be an employee of a public agency involved in the education of the child.

7. An educational decision maker shall:

(a) Have an initial meeting with the child and then shall meet with the child as often as he or she deems necessary to carry out the duties prescribed by this section in accordance with the best interests of the child;

(b) Address any disciplinary issues relating to the education of the child with the child and the school in which the child is enrolled;

(c) Ensure that the child receives a free and appropriate education in accordance with federal and state law, including, without limitation:

(1) Any special programs of instruction or special services for pupils with disabilities to which the child is entitled by federal or state law; and

(2) If the child is at least 14 years of age, educational services to assist the child in transitioning to independent living;

(d) Consult with the agency which provides child welfare services concerning a determination about whether the child should change schools pursuant to NRS 388E.105, if applicable;

(e) Participate in any meeting relating to the education of the child, including, without limitation, a meeting regarding any individualized education program established for the pupil pursuant to 20 U.S.C. § 1414(d) or special program of instruction or special service provided to the pupil;

(f) To the extent practicable, communicate any concerns he or she has regarding the educational placement of the child and the educational services provided to the child and any recommendations to address those concerns to:

(1) The agency which provides child welfare services;

(2) The attorney representing the child; and

(3) If the educational decision maker for the child is not the parent or guardian of the child, the parent or guardian of the child; and

(g) Appear at any proceeding held pursuant to this section and NRS 432B.410 to 432B.590, inclusive, and make specific recommendations to the court as appropriate concerning the educational placement of the child, the educational services provided to the child and, if the child is at least 14 years of age, the services needed to assist the child in transitioning to independent living.

8. A court may revoke the appointment of an educational decision maker if the court determines the revocation of the appointment is in the best interests of the child. If the court revokes such an appointment, the court must appoint a new educational decision maker for the child.

9. An educational decision maker appointed for a child pursuant to this section shall be deemed to be a surrogate parent for the purposes of 34 C.F.R. § 300.519.

(Added to NRS by 2017, 3165; A 2019, 257)